Should a Contractor Have the Homeowner Test for Lead?
I would like to learn more about the advisability of lead testing. Homeowners might not want their homes tested for lead, because it becomes public record, and may interfere with the sale of a home or the ability to obtain a mortgage or homeowners insurance. In addition, I strongly advise contractors not to do the testing themselves. Let the homeowner pay an independent company to do it. Otherwise if the GC brings a claim against a lead testing company for a false negative, the company might state that the GC did not use the test kit properly. If the homeowner does have the house tested, consider refusing to do the work unless the homeowner has lead abatement work done.
posted by Andrea Goldman @ 9:50 PM
4 comments
4 Comments:
How should one consider addressing the cleaning issue? If the home is TESTED by the Homeowner do you recommend via contractual language the need of the homeowner/buildingowner share that report with the contractor? If my contract would have language in it that said I would clean to the "EPA Cleaning Verification Card" Standard (and define and show the client the CV Card) and if I (the contractor) am required to clean to the 40, 250, 400 EPA Clearance Standard then I will charge $XX.XX per hour to clean to that (the EPA Clearance)standard. Does any of this sound reasonable? Would it add additional protections to the consumer who is worried about their property value futuritively if testing is done. It would clarify in everyone's mind who is responsible for choicing and paying for all of the services the consumer request and protects the contractor from any misunderstandings as to what standard will be used for cleaning the project. Your thoughts are appreciated.
All of that makes perfect sense. If the homeowner requests clearance testing, the contractor should have the homeowner contract with the clearance testing inspector and the contract should include a change order that states that the consumer cannot enter the lead-safe area until the it passes. In addition, it should address that fact that the job will be delayed.
If a contractor is going to rely on testing that the house is lead-free, then he should see the actual results of the testing and make sure that the testing company will indemnify him if he is sued for lead poisoning.
Great site Andrea, thanks for keeping it. I am an instructor for a school in the Boston area and it should be noted that contractors can see if a home in Mass has been inspected. CLPPP's website has a database of all the homes that have some kind of inspection attached to it. These inspections go back into the 1990's. A contractor can ask for the inspections if they are recent and see what kind of lead abatement work was done (if any).
Mike
... letter to Senators Kerry and Brown urging them to hold a hearing in the Senate's Small Business and Entrepreneurship Committee about the new layer EPA is seeking to add to the LRRP rule, called “clearance testing.”
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